Sydney Trains v Gary Hilder

Sydney Trains brought an appeal against the decision of Deputy President Sams, handed down on 12 December 2019, in which the Deputy President dismissed Sydney Trains’ unfair dismissal claim against Mr Gary Hilder. The dispute centred on Mr Hilder's termination by Sydney Trains, and the claim that the dismissal was unfair.

The primary legal issue before the court was whether the termination of Mr Hilder by Sydney Trains was justified under section 382 of the Fair Work Act 2009. This required the court to consider whether Sydney Trains had a valid reason related to Mr Hilder's capabilities, attendance, or conduct to terminate his employment. The court also had to assess whether the dismissal was procedurally fair, including whether Mr Hilder was given an opportunity to respond to the allegations against him.

The court determined that Sydney Trains had failed to provide sufficient evidence to establish that Mr Hilder's dismissal was justified. The Deputy President found that while there were issues with Mr Hilder's performance, Sydney Trains had not adequately addressed these concerns or provided reasonable opportunities for improvement. Furthermore, the court concluded that the process of dismissal was not procedurally fair, as Mr Hilder was not given a fair chance to respond to the allegations against him. Consequently, the appeal was dismissed, and the original decision to uphold Mr Hilder's unfair dismissal claim was affirmed.